AGENDA/MANAGER’S REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, December 21, 1998 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 98-38

Submitted by: _____________________________

David R. Palmer

City & Borough Manger


  FLAG SALUTE

  1. ROLL CALL
  2. APPROVAL OF MINUTES
  1. 10/05/98 – Regular Mtg. No. 98-33
  2. 10/21/98 - Special Mtg. No. 98-34

SPECIAL ORDER OF BUSINESS

    1. City & Borough Attorney Annual Evaluation

(Note: the Assembly may enter into Executive Session for this item)

1. CBJ Planning Commission Members – Recognition for Participation inof the Kensington Mine Permit Hearings

  1. MANAGER’S REPORT FOR AGENDA CHANGES
  2. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed a total of 20 minutes nor more than 5 minutes for any individual).
  3. CONSENT AGENDA

The Consent Agenda includes routine items of business, which may not require separate discussion. When the Mayor calls for public comment on the Consent Agenda, you may raise your hand and the Mayor will recognize you asking which item(s) you wish to have removed from the Consent Agenda for separate discussion and action. Following the removal of any item from the Consent Agenda, the Assembly votes on the remaining items in one motion. (Ordinances for introduction generally may not be removed from the Consent Agenda.)

All items that are removed from the Consent Agenda will follow the format of: Administrative or Committee Report, Public Hearing/Participation and Assembly Action.

  1. Ordinances:
  1. Ordinance No. 98-26

An Ordinance Amending the Sewer Code to Increase the Sewer Service Rates. Presented by the Manager.

The sewer service rates have not increased since July 1, 1992. Increased customers have resulted in sufficient revenue to cover operational expenses over that period. Significant new capital improvement projects now require that rates be increased to provide revenues to cover the associated debt service.

This ordinance would increase sewer service rates in three steps:

1.  Upon the effective date of the ordinance the rate per unit will increase from $32.50 per month to $33.50 per month.

2. On July 1, 1999 the rate per unit will increase to $34.50 per month and the commercial rate will increase from $5.00 to $5.25 for each 1,000 gallons.

3. On July 1, 2000 the rate per unit will increase to $35.50 per month.

Included in your packet is a memo from Public Works Director Ernie Mueller explaining the need for this increase.

This proposal was reviewed and approved by the Assembly Finance Committee at its December 9, 1998 meeting.

I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.

    1. Ordinance No. 98-40

        An Ordinance Amending the Land Use Code Table of Permissible Uses to Allow Scrap Material Salvage Yards, Junkyards, Automobile Graveyards and Other Such Uses in the WI, Waterfront Industrial Zone. Presented by the Manager.

        This ordinance amends the Land Use Code, Table of Permissible Uses to allow scrap material salvage yards, junkyards, and automobile graveyards and other such uses in the WI, waterfront industrial zone. The table currently allows these activities with an allowable use permit in the I, industrial zone. The waterfront industrial district is intended for industrial and port uses which need or substantially benefit from a shoreline location. In Juneau, these operations may be dependent upon a deep-water port location. It would be appropriate to locate such water-dependent industrial uses in the waterfront industrial zone.

        The Planning Commission reviewed the ordinance at its meeting of December 8, 1998. The Commission recommends that the Assembly adopt this ordinance.

        I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.

2. Ordinance No. 98-17 (X)

An Ordinance Appropriating to the Manager the Sum of $91,303 to Expand Outpatient Services for Chemically Dependent Women and Their Dependent Children. Such Funds Provided by the Alaska Department of Health and Social Services. Presented by the Manager.

This ordinance appropriates a $91,303 Federal grant, which is pass through to the CBJ by the Alaska Department of Health and Social Services. This grant will be used to support the Women, Empowered, Safe and Sober (WESS) Program.

Adoption of this ordinance will result in a need to de-appropriate a portion of a previously approved State grant. Please refer to the manager’s report for Ordinance No. 98-17 (Y), also being introduced at tonight’s meeting.

I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.

3. Ordinance No. 98-17 (Y)

An Ordinance De-Appropriating the Sum of $37,902 to Expand Outpatient Services for Chemically Dependent Women and Their Dependent Children. Such Funds Provided by the Alaska Department of Health and Social Services. Presented by the Manager.

This ordinance will de-appropriate $37,902 of an Alaska Department of Health and Social Services Grant. Ordinance No. 98-17 (L), adopted September 21, 1998, appropriated the $71,552 grant to expand the outpatient services for chemically dependent women and their children through the Women, Empowered, Safe and Sober (WESS) Program.

Ordinance No. 98-17 (X), also introduced at tonight’s meeting, provides for a $91,303 Federal grant for the WESS Program. As such, the State has reduced its original $71,552 direct grant award by $37,902.

I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.

  1. Resolutions:
      1. Resolution No. 1971
      2. A Resolution Authorizing the Manager to Donate Lot 26 in the S’it’tuwan Subdivision to the Transitions House, Inc. for the Construction of Transitional Housing and Other Conditions of Such Land Disposal. Presented by the Manager.

        This resolution provides for the donation of Lot 26 of the S’it’Tuwan Subdivision for the construction of a housing unit for transition housing for independent living for young adults with the disabilities. The request is being made by a newly formed nonprofit organization known as Transition House, Inc. This is a broad-based community group including such individuals as Jackie and Gary Timothy, Sue and Rai Behnert, Deb Gazaway, Sandy Frickie, and others. The intention of Transition House, Inc., is to provide transition housing allowing for an independent living program for up to 12 young adults with disabilities. The nonprofit entity is presently investigating construction and operational funding opportunities. The Lands Committee has reviewed the request and has recommended that the request be considered for approval by the full Assemblyfull Assembly consider the request for approval. Lot 26 has an assessed value of $45,000.

        I suggest an amendment to the resolution to include a deed restriction providing that upon termination of the use of the property for the stated purpose, ownership revertthat upon termination of the use of the property for the stated purpose, ownership reverts back to CBJ.

        I recommend that this resolution be adopted.

      3. Resolution No. 1972
      4. A Resolution Authorizing the Manager to Make Certain City and Borough Subdivision Lots in the S’it’tuwan Subdivision Available to the City and Borough of Juneau School District for the Construction of Housing for the High School Home Building Program and Other Conditions of Such Land Disposal. Presented by the Manager.

        This resolution authorizes the Manager to sell Lots 32 and 33, in the S’it’Tuwan Subdivision, to the CBJ School District for the assessed value of $45,000 for each lot. One lot will be made available to the School District immediately with payment to the CBJ due upon the construction and sale of a dwelling unit on the first lot. The second lot will be reserved for the School District for a period not to exceed two years. The sale of the second lot will be predicated upon the same conditions and price that applied to the first sale. The lots will enable the School District to continue their on-going home building program. This program provides for valuable and practical student training in the construction trades. Both the Housing and Lands Committee have reviewed and approved of the sale.

        I recommend that this resolution be adopted.

      5. Resolution No. 1973
      6. A Resolution Authorizing the Manager to Donate Lot 42 in the S’it’tuwan Subdivision to the Habitat for Humanity for the Construction of Affordable Housing and Other Conditions of Such Land Disposal. Presented by the Manager.

        This resolution authorizes the donation of Lot 42, in the S’it’Tuwan Subdivision, to Habitat for Humanity Greater Juneau Area for the continuation of their self-help affordable housing program. A lot within this subdivision was previously donated to Habitat for Humanity by the CBJ to assist in establishing this valuable affordable housing program. The program has had significant success and recognition both internationally as well as nationally. The local program is about to complete their first project and are looking for a site for a second project. Both theBoth the Housing and Lands Committee have reviewed and recommend approval of the donation.

        I recommend an amendment to the resolution to provide that CBJ maintains a $45,000 lien on the property, to be paid to the city, plus 3% interest, upon sale or transfer of ownership from the initial owner (other than Habitat for Humanity) to another.

        I recommend that this resolution be adopted.

      7. Resolution No. 1974
      8. A Resolution Establishing the Honorarium to be Granted to Members of the Planning Commission. Presented by the Manager.

        The present Planning Commission honorarium is $25.00 per meeting. Tonight the Assembly will honor the Commission’s work on the Kensington Mine permit: an example of why $25.00 is inadequate to recognize the extraordinary efforts of commissioners.

        This increase established by this resolution was approved by the Assembly Finance Committee at its meeting of December 9thThe Assembly Finance Committee at its meeting of December 9th approved this increase established by this resolution.

        I recommend that this resolution be adopted.

      9. Resolution No. 1975

A Resolution Authorizing the Forgiveness of Uncollected Sales Taxes for Certain Shopping Mall Membership Dues. Presented by the Manager.

This resolution will authorize waiving of the delinquent Sales Taxes owed by the shopping center merchants associations on transactions between the association and its members. This request is being made in conjunction with ordinance 98-41, on this agenda. Ordinance 98-41 will provide a sales tax exemption for these types of transactions. The Manager, with the consent of the Assembly, may forgive the payment of taxes, interest and penalty that have never been collected on a substantial portion of a clearly definable class of sellers or a substantial portion of a clearly defined class or type of transaction or service. I have determined that this class of seller meets the code requirements necessary for forgiveness. The amount of unpaid sales tax forgiven by this action would be $62,000.00. In order to match with the effective date of Ordinance 98-41, we are requesting that forgiveness be granted for all transactions occurring on or before January 21, 1999.

I recommend that this resolution be adopted.

C. Transfer Request:

1. Transfer No. T-655: Transfers $15,138 from Taxiway Lighting Replacement (CIP A345-30) and $229,862 from Airport Revolving Capital Reserve Account (CIP A345033) for a total of $245,000 to Terminal Gate 6 (CIP A345-15 - $10,000); Runway Lights Rehabilitation/Replacement (CIP A345-16 - $5,000); Runway Rehabilitation – Centerline Lights Controls (CIP A345-28 - $150,000); and, Runway Safety Area Environmental Assessment (CIP A345-39 - $80,000)

This transfer request moves $15,138 of 1997 – 1998 Sales Tax from the Taxiway Lighting Replacement project and $229,862 of Passenger Facility Charges from the Airport Revolving Capital Reserve Account to four airport capital improvement projects as described below:

Amount: $10,000

Amount: $5,000

These projects are in the process of closeout. The Federal Aviation Administration (FAA) will submit grant amendments for them in the near future; this transfer provides the required local match plus any amount not covered by the grant amendment.

Amount: $150,000

Runway centerline lights controls will be installed as the final phase of the Runway Rehabilitation capital project. After the project is complete, the FAA will reimburse the City for 93.75% of the cost.

Amount: $80,000

This Environmental Assessment will provide required information prior to the design and construction of the safety areas. The FAA will reimburse the City for 93.75% of the cost.

After the transfers are approved, the fund available balances, budgets, and status for the projects will be as follows:

Transfer Status/
Project Number/
Project Name
Unobligated 
Funds
Available  Prior to Transfer
Unobligated
Funds
Available
After Transfer
Total   
Budget
After Transfer
Project
Status
Transferred from:
A345-30/
Taxiway Lighting
Replacement
$ 15,138 $ -0- $ -0- closing
A345-33/
Airport Revolving
Capital Reserve
Account
$543,023   $313,862 $313,862 on-going
Transferred to:
A345-15/
Terminal
Improvements/
Gate 6
  $(29,122) $(19,122) $167,805 closing*
A345-16/
Runway Lights
Rehabilitation
Replacement                                    
$(115,185) $(110,185) $876,088 closing*
A345-28/
Runway
Rehabilitation –
Centerline Lights
Controls
  $(40,164) $109,836 $5,495,066   on-going
A345-39/
Runway Safety
Area
Environmental
Assessment
$(5,566)  $74,434 $190,480 on-going
                                  

* Project will close after FAA grant amendment is received. Although this transfer has not been reviewed by the Airport Boardthe Airport Board has not reviewed this transfer, Chair Mike Barton reports general overall support by the Board and recommends approval of the transfer.

I recommend that this transfer request be approved, contingent upon the adoption of Ordinance No. 98-17 (U).

  1. ORDINANCES FOR PUBLIC HEARING
    1. Ordinance No. 98-38
    2. An Ordinance Amending the For-Hire Vehicle Code to Avoid Duplication of State Regulation, to Authorize Creation of Commercial Passenger Vehicle Control Areas and Loading Zones, and to Establish Penalties for the Violation of the Code. Presented by the Manager.

      Administrative or Staff Report

      This ordinance establishes policies for regulating commercial passenger vehicles (CPV's). The most significant of these policies is the one whichone that distinguishes between taxis and all other commercial vehicles. Taxis are allowed to pick up passengers anywhere they wish (subject to normal traffic laws) while other CPV's are restricted to identified loading zones while they are in the "CPV Control Area" which is essentially the downtown area. The loading zones will be identified by regulation. These provisions are found at CBJ 20.40.052, at page 11 of the ordinance.

      The ordinance exempts buses and drivers operating under state regulation from code provisions that regulate the following:

      -insurance (20.40.090)

      -vehicle inspection fees (20.40.110)

      -CBJ professional driver’s permit (20.40.025 [b])

      -enforcement of code for State enforced provisions (20.40.025 [c])

      An important distinction point is that the exempt vehicles are defined just as the State of Alaska definess them, by the number of passengers carried. One carrier proposes that if one vehicle is exempt, then the entire company should be exempt. This would result in an inequity where vehicles of the same size and type would exempt for one company and not exempt for another. Our effort in drafting the exemption is to apply the ordinance using the same standard as used by the State uses, and apply the ordinance equitably to all operators.

      Page 11, line 23 establishes that the improper use of a CPV loading zone is an infraction, punishable by a limited fine. Infractions are a practical method of enforcing technical ordinances such as these.

      These changes did not require amending every section of the for-hire vehicle code, but they amended enough to warrant inclusion of the entire code in your packet, so as to show the context for the changes. The city attorney took this opportunity to accomplish several housekeeping changes, such as gender-neutral language, use of the term "commercial passenger vehicle", elimination of unused language about indemnity bonds, and others. The city attorney will be prepared to provide a complete analysis of the ordinance when it is before the Assembly for adoption.

      This ordinance implements policies presented to the Committee of the Whole November 23rd, and is necessary for Certificates of Public Convenience & Necessity applications for 1999.

      The existing ordinance does not allow effective enforcement of even the basic needs of the industry. Because permits under the existing code expire on December 31, 1998, and because of the need to enforce the ‘no flag stop’ rule, timely passage of this ordinance is essential. The Assembly Committee of the Whole should continue consideration of a more comprehensive ordinance, but to address the immediate need, I encourage adoption of this ordinance now.

      I recommend that this ordinance be adopted.

      Public Hearing

      Assembly Action

    3. Ordinance No. 98-39
    4. An Ordinance Amending the Land Use Code Table of Permissible Uses to Allow Drive-in Restaurants in an Industrial Zone, Seafood Processing in Waterfront Zones, and Marine Commercial Facilities in Rural Reserve and Waterfront Zones. Presented by the Manager.

      Administrative or Staff Report

      This ordinance amends the Land Use Code Table of Permissible Uses to allow drive-in restaurants in the industrial zone and to add two new water-related uses to the table.

      Seafood processing will be allowed in the waterfront commercial and waterfront industrial zones. Marine commercial facilities will be allowed in waterfront commercial and rural reserve zones. Marine commercial facilities (mixed use developments, which may include such activities as fisheries support, freight, and passenger traffic) have recently been proposed by Goldbelt for possible establishment on West Douglas or Cascade Point.

      The ordinance also addresses the allowable location of drive-in restaurants. The code presently allows all restaurants, except those with drive-in service, in the industrial zone. Drive-in service seems appropriate in an industrial location. Modern land use codes tend to allow eating establishments in most zoning districts including industrial zones.

      The proposed amendments contained in this ordinance are consistent with the Comprehensive Plan.

      The Planning Commission reviewed the proposed amendments at its meeting of November 10, 1998, and recommends that the Assembly approve this ordinance.

      I recommend that this ordinance be adopted.

      Public Hearing

      Assembly Action

    5. Ordinance No. 98-41

An Ordinance Establishing Sales Tax Exemptions for Certain Shopping Mall Membership Dues and Certain Transactions by Trusts Engaged in Related Party Commercial Rentals. Presented by the Manager.

Administrative or Staff Report

This ordinance establishes two sales tax exemptions.

  1. an exemption for dues paid by merchants to a shopping mall association, provided that the dues are used only to promote the mall, and not for other purposes such as rent or mall maintenance.
  2. an exemption for "related party leasing" by property owners who rent to themselves when one party to the lease is a trust composed of the same natural persons who are the other party to the lease (a "natural person" is a human being, as opposed to a "legal person" such as a corporation).

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

4. Ordinance No. 98-17 (U)

An Ordinance Appropriating to the Manager the Sum of $1,120,909 for the Following Capital Projects: Airport Revolving Capital Reserve Account, Airport Terminal Wall and Ceiling Rehabilitation, East End General Aviation Area Development, Snow Removal Equipment Building Design, Installation of Security Fencing, Environmental for Float Pond And RTR Area and East General Aviation and Air Carrier Ramp Improvements Design. Such Funds Provided by Passenger Facility Charges. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates Passenger Facility Charges (PFC) imposed by the Juneau International Airport under the current PFC application which is effective from July 1, 1998 to June 30, 2000. These charges will be used to fund capital projects, which were approved in the current application.

A portion of this money is reimbursement for previous expenditures, including $251,000 of general sales tax funds, and $133,000 of general airport revenues. This appropriation reinvests those funds into other airport projects.

The Assembly Finance Committee will reviewed the project list at its December 9th meeting. The Airport Board, at its meeting of December 9, 1998, recommended that the Assembly adopt this appropriation (minutes are included in your packet, marked draft until adopted at the next regular Airport Board meeting).

The following projects will be funded:

      1. Airport Revolving Capital Reserve Account
      2. Total account budget: $574,660

        Local (PFC): 574,660

        This account will be used to provide contingency funds for new and on going capital projects, local match to new Federal Aviation Administration funded projects, and local match to amended FAA funded projects. This is an on going, revolving account. For example, additional funds that are needed in active grant funded projects will be transferred from this reserve account into the active capital project by a Transfer Request pending receipt of grant amendments. Once the project is complete and the FAA/DOTPF grant amendments have been obtained, funds will be transferred back to the reserve. In other cases, if funds are needed on a permanent basis to fund a capital project, the funds will be transferred to the project permanently.

      3. Airport Terminal Wall and Ceiling Rehabilitation
      4. Total project cost: $106,666

        Local (PFC): 106,666

        The ceiling tiles and wall coverings in the east end of the Terminal Building have not been replaced or rehabilitated since originally installed in the early 1970's. They are badly deteriorated and beyond repair. Rehabilitation of these public areas through replacement of the ceiling tiles and wall coverings is the only and essential alternative. The project will be ongoing until complete and will be done by Airport staff.

      5. East End General Aviation Area Development
      6. Total project cost: $946,650

        FAA: 887,484

        DOTPF: 29,583

        Local (PFC): 29,583

        This project will include paving an existing taxiway to facilitate better traffic flow, ease and improve safety of aircraft taxiing, maximize aircraft parking, fill portion of airport property and generally install or improve infrastructure in this part of the airfield. It is anticipated the project will begin in 1999.

      7. Snow Removal Equipment (SRE) Building Design
      8. Total project cost: $888,086

        FAA: 656,196

        DOT/PF: 21,873

        Local (PFC): 186,667

        Local (Sales Tax): 23,350

        The Juneau Airport has approximately twenty pieces of snow removal equipment with the average unit cost in the range of $250,000 to $300,000, with the replacement cost in excess of $5.5 million. At present due to the inadequate size of the existing facility, the bulk of the equipment stays outside and is exposed to the elements all year round. The new SRE Building is essential to enable the Airport to protect its investment in this high dollar value equipment and properly maintain it year round.

      9. Installation of Security Fencing
      10. Total project cost: $480,000

        FAA: 450,000

        DOTPF: 15,000

        Local (PFC): 15,000

        The northeastern end, southern boundary and southwest end of the Airport are not fenced at this time. It is essential that these areas be secured to prevent/discourage the access of wildlife to the Airport, and to enhance the Airport’s compliance with FAA regulations. This project will begin in January, 1999 and will be complete in July, 1999.

      11. Environmental for Float Pond and RTR Area
      12. Total project cost: $266,666

        FAA: 250,000

        DOTPF: 8,333

        Local (PFC): 8,333

        To assess the feasibility of putting in a road and expanding the number of float plane slips in the two western sloughs of the Basin and relocating the RTR site from its present location on the eastern end of the Airport, to the top of Pederson Hill, located west of the Airport on the extended centerline of the main runway, an environmental assessment (EA) or environmental impact statement (EIS) will need to be done as required by FAA regulations.

      13. East General Aviation and Air Carrier Ramp Improvements Design

Total project cost: $200,000

Local (PFC): 200,000

A comprehensive design of the east general aviation area of the Airport was undertaken to enable the Airport to respond quickly to its operational and infrastructure needs in that area of the airfield. This project is ongoing.

Since the introduction of this ordinance, an accounting adjustment has been made to reduce item (a) Capital Reserve Account from $574,660 to $543,023 (a reduction of $31,637).

I recommend that this ordinance be amended to reduce the Airport Revolving Capital Reserve Account to $543,023 for a total appropriation of $1,089,272.

Public Hearing

Assembly Action

    1. Ordinance No. 98-17 (V)

An Ordinance Appropriating to the Manager the Sum of $2,453,000 for the Following Capital Projects: Adair Kennedy Park Improvements, Archery Range Accessible Shooting Platform, Dimond Park Improvements, Hank Harmon Rifle Rifle Range Improvements, Melvin Park Field Dugouts, Pipeline Skate Park Restrooms, Savikko Park Play Field Improvement, Treadwell Ditch Trail Improvements, Eaglecrest Snow Play/Snow Tubing Area, Eaglecrest Snowboard Terrain Park, Eaglecrest Composting Toilets, Eaglecrest Parking Lot Chip Seal Completion, Douglas Harbor Uplands and Moorage Expansion, Harbors Area Wide Restrooms Construction, Mayflower Island Causeway Upgrade, and Statter Harbor Parking/Pedestrian Access Improvements. Such Funds Provided by the Temporary 1% Sales Tax Levy to be Used for Improvements to Existing Parks and Harbors, and to Eaglecrest. Presented by the Manager.

Administrative or Staff Report

In October, 1998, Juneau votes approved a temporary 1% Sales Tax Levy for a period of 24 months to be used to pay for a variety of improvements to existing parks and harbors, and to Eaglecrest. The levy will be effective January 1, 1999 to December 31, 2001.

This ordinance appropriates the FY99 portion of the temporary 1% Sales Tax Levy in the amount of $2,313,000 for capital projects in the following areas:

Parks and Recreation Capital Projects: $1,221,000

Eaglecrest: 97,000

Harbors: 1,135,000

Total $2,453,000

It is estimated that there will be an additional $5,450,000 in FY00 and $2,900,000 in FY01. The appropriations for these years will be integrated into the annual budget process. The total projected amount of the temporary sales tax levy, over the 24-month period, is estimated to be $10,803,000.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

6. Ordinance No. 98-17 (W)

An Ordinance Appropriating to the Manager the Sum of $60,000 to Fully Fund Construction of A Mooring Dolphin at the Ferry Dock Wharf. Such Funds Provided By Port Fund Unreserved Fund Balance. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates $60,000 from the Port Fund Unreserved Fund Balance to complete funding for the design and installation of a new ship mooring dolphin.

The engineer’s estimate for the mooring dolphin is $200,000. There is approximately $140,000 remaining in CIP H354-61, Cruiseship Passenger Pedestrian Improvements, so the additional $60,000 would fully fund the mooring dolphin. This mooring dolphin project is in response to a request from the Port Advisory Committee to assist in being able to berth the larger ships making port calls in Juneau.

CIP H354-61 originally included the Seawalk Plaza (south of lower tram terminal), a contribution for the Alaska Fisherman’s Memorial, and the mooring dolphin. The first two components of the CIP have been completed and the appropriation of the requested $60,000 will allow the completion of the mooring dolphin and the closure of CIP H354-61. The proposed location of the mooring dolphin is between the existing Ferry Dock Wharf catwalk and the Taku Smokeries loading dock. It should be noted that the Alaska Fisherman’s Memorial Committee opposes this location and will be working with the Docks & Harbors Board to mitigate impacts on the Memorial.

At their Regular Meeting of November 19, 1998, the Docks & Harbors Board moved to request the Assembly to appropriate $60,000 from the Port Fund Unreserved Fund Balance to complete funding for the design and installation of a new ship Mooring Dolphin prior to May1, 1999. A copy of the minutes from the Board Meeting can be found in your packet.

After the ordinance is adopted, the Port Fund Unreserved Fund Balance will be $735,214.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

  1. UNFINISHED BUSINESS
  2. NEW BUSINESS

1. Harris Appeal of Wetlands Review Board Decision Denying a Proposal to Place Fill Material Into Wetlands for Construction of Gravel Pads for Three Businesses (WET 98-00003)

At its regular meeting on November 19, 1998, the Wetlands Review Board denied a proposal to place approximately 7,160 cubic yards of fill material into approximately 96,680 square feet of wetlands for one industrial and two commercial facilities. On December 3, 1998, Richard Harris, represented by Murray Walsh, appealed the Board’s decision to the Assembly.

The Notice of Appeal and the Notice of Decision on WET 98-00003 are in your packet.

The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly, must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

(e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.

(1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.

(2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.

Murray Walsh, the Community Development Department, and the Wetlands Review Board have been advised that this matter is before the Assembly. In general, the Department and the Board, have no objection to acceptance of the appeal, although they reserve the right to object to argument by the Appellant on some of the issues included in the notice of appeal.

The following procedural issues should be decided:

1. Will the Assembly accept the appeal?

2. Will the Assembly hear the appeal itself or assign to a hearing officer?

3. If the Assembly hears the appeal itself, will the Mayor preside, or will he designate a member as presiding officer?

This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process. With respect to this issue, the Appellate Code provides as follows:

CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal. After the Assembly has made its decisions on these issues, the Clerk will contact the parties and the presiding or hearing officer to notify them of the Assembly’s decision and to arrange for a pre-hearing conference or other proceedings.

X. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

    1. Manager’s Report – Action Items:
    2. Manager’s Report – Information Items:
      1. Capital Transit – 30 Minute Service
    1. Attorney’s Report:

1. Baumer Judgement

  1. MAYOR AND COMMITTEE REPORTS ON NON-AGENDA ITEMS
    1. Revised Pending Items
    2. Unappropriated General Fund Unreserved Fund Balance
    3. Assembly Contingency Fund Balance
    4. Committee Reports:
  1. Standing Committees:
      1. Committee of the Whole
      2. Finance Committee
      3. Human Resources Committee
      4. Lands and Resources Committee

      5. Public Works and Facilities Committee

                        2. Board Liaison Reports

  1. ASSEMBLY COMMENTS AND QUESTIONS
  2. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed 5 minutes per person or 20 minutes total, whichever is less).
  3. ADJOURNMENT

Note: Agenda packets are available for review at the Juneau Public Library, the Mendenhall Valley Library, and the Douglas Public Library. An audiotape containing the Assembly’s agenda is available for review at all CBJ Libraries each Friday prior to the Assembly’s Monday meeting.

ADA Accommodations Available Upon Request: Please telephone the Clerk’s Office 48 hours prior to any meeting so arrangements can be made to have a sign language interpreter present. The Clerk’s Office telephone number is 586-5278, TDD 586-5351, e-mail is Marian_Miller@mail.ci.juneau.ak.us.